Session Laws - 2018 S.L. 2018-47

(2) InfirmityAn infirmity. which would substantially impair that person's ability to defend himself. (b) through (d) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 767, s. 31, effective October 1, 1994. (e) Unless his the conduct is covered under some other provision of law providing greater punishment, any person who commits any aggravated or assault and on a handicapped person an individual with a disability is guilty of a Class F . A person commits an aggravated assault or assault and battery upon a handicapped person an individual with a disability if, in the course of the assault or assault and battery, that person:person does any of the following: (1) Uses a deadly weapon or other means of force likely to inflict serious injury or serious damage to a handicapped person; oran individual with a disability. (2) Inflicts serious injury or serious damage to a handicapped person; oran individual with a disability. (3) Intends to kill a handicapped person.an individual with a disability. (f) Any person who commits a simple assault or battery upon a handicapped person an individual with a disability is guilty of a Class A1 ." SECTION 4.(n) G.S. 15A-266.3A reads as rewritten: "§ 15A-266.3A. DNA sample required for DNA analysis upon arrest for certain offenses. (a) Unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, and that record and sample has not been expunged pursuant to any provision of law, a DNA sample for DNA analysis and testing shall be obtained from any person who is arrested for committing an offense described in subsection (f) or (g) of this section. … (f) This section shall apply applies to a person arrested for violating any one of the following offenses in Chapter 14 of the General Statutes: … (4) G.S. 14-28, Malicious ; G.S. 14-29, Castration or other maiming without aforethought; G.S. 14-30, Malicious maiming; G.S. 14-30.1, Malicious throwing of corrosive acid or alkali; G.S. 14-31, Maliciously assaulting in a secret manner; G.S. 14-32, Felonious assault with deadly weapon with intent to kill or inflicting serious injury; G.S. 14-32.1(e), Aggravated assault or assault and battery on handicapped person; an individual with a disability; G.S. 14-32.2(a) when punishable pursuant to G.S. 14-32.2(b)(1), Patient abuse and neglect, intentional conduct proximately causes death; G.S. 14-32.3(a), Domestic abuse of disabled or elder adults resulting in injury; G.S. 14-32.4, Assault inflicting serious bodily injury or injury by strangulation; G.S. 14-33.2, Habitual misdemeanor assault; G.S. 14-34.1, Discharging certain barreled weapons or a firearm into occupied property; G.S. 14-34.2, Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers; G.S. 14-34.4, Adulterated or misbranded food, drugs, etc.; intent to cause serious injury or death; intent to extort; G.S. 14-34.5, Assault with a firearm on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; G.S. 14-34.6, Assault or affray on a firefighter, an emergency medical technician, medical responder, emergency department nurse, or emergency department physician; G.S. 14-34.7, Assault inflicting serious injury on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; G.S. 14-34.9, Discharging a firearm from within an enclosure; and G.S. 14-34.10, Discharge firearm within enclosure to incite fear.

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